CDR Winter Competition Litigation Symposium 2019

Sofitel London St James28 February 2019

CDR’s fourth annual Winter Competition Litigation Symposium will offer key insights on the development of this important practice area for corporate counsel, competition lawyers and commercial litigators alike, canvassing the latest thinking on UK , EU and US antitrust litigation.

The focus of the 2019 Symposium combines detailed analysis of the UK class action regime for competition law cases under the Consumer Rights Act, as well as parallel EU law developments under the Damages Directive, with panel discussions delivered by experienced practitioners working within this area.

Early bird ticket fee:GBP 449.00 (+VAT) (SOLD OUT).

Standard fee: GBP 599 (+VAT)

Same day fee: GBP 699 (+VAT)

For full details of sponsorship opportunities and ticket booking, contact:

CDR Winter Competition Litigation Symposium 2019

Sofitel London St James28 February 2019

Agenda at a glance

Ben Rigby, the editor-in-chief of Commercial Dispute Resolution, outlines the programme to follow and introduces the first speaker of the day.

09:00 – 09:30: Keynote address

Kassie Smith QC, of Monckton Chambers will address the audience on the current landscape for competition litigation, and what it means for clients, consumers, regulators, and the wider market.

09:30 – 10:00: Mastercard and after

With an appeal in the Mastercard litigation now confirmed for 2019, this case continues to dominate the UK landscape for private actions for damages. In this session, our expert practitioners will review the case, and consider the wider impact of the recent Court of Appeal decision, as regards jurisdiction on appeals in such proceedings held, and the impact of the decision on other ongoing cases. It will also take into account the treatment of evidence and expert witnesses, as well as general discussion on points of law and public policy.

This session follows the progress of cartel claims under the Consumer Rights Act, and updates practitioners on the latest developments in that regime, and the likely drivers for future litigation. Speakers will be drawn from law firms and barristers’ chambers, and will include leading practitioners, on the claimant and defendant side, as well as advocates.

Topics include:

Opt-in or opt-out proceedings in group litigation, and certification of class;

Current claims before the jurisdiction, and likely possible future actions

The views of claimant law firms in collective actions, and likely strategies to be adopted

How defendant law firms are adapting to those strategies, and likely responses.

Keeping you up to date with current developments on the implementation of the Directive, this session will cover the regulators’ perspective as well as possible key conflicts with national perspectives and trends in national legislation on this area. The session will also consider the challenges faced by the Directive across a range of countries.

Topics include:

The progress of implementation of the Directive across Europe

The role of the Commission, likely progress of the review, and future implications for change

The way in which expert evidence is handled is a key determinant of success in the new competition law landscape, with accuracy in their estimation and precision in their quantification both significant issues. This is particularly true following the decision in the BritNed v ABB case, seen as a classic example of a follow-on damages claim, while regulators retain a key interest, following guidance from the European Commission on the calculation of damages.

Topics include:

Difference in approach to quantification compared to other areas of the law

Key issues for expert witnesses and their lawyers in UK proceedings

Issues for experts under EU and law, including quantification and calculation of damages

On the eve of Brexit, this session will focus on look at the approach of the Competition and Markets Authority to antitrust enforcement issues, particularly in relation to ongoing investigations and appearances before the courts. It will cover the year just gone, as well as offering a future outlook on cases.

14:30 – 14:45: Networking coffee break

14:45 – 15:30: Antitrust enforcement action update

Our expert panel will discuss the current regulatory priorities of various UK, EU and other regulators, issues arising from enforcement, including parallel defences to regulatory, civil law and competition proceedings and subsequent court challenges to enforcement decisions, as well as offering practical guidance to clients as to manage compliance risk.

Issues to be discussed include:

Working with the board – key considerations

Ensuring a consistent strategy and approach across different jurisdictions

In this session, we consider the impact of litigation arising from abuse of dominance claims, following a period where the impact of cases relating to both Big Technology, and Big Pharma, continue to shape this area of law, while the impact of the Digital Economy looms large alongside mainstream enforcement cases.

In this session, we consider the current state of cartel litigation, and the implications for future follow-on cases arising from current investigations and enforcement. We look at national and supranational trends in key business sectors for cartels, and the current state of settlements and appeals in this area, as well as the opportunities for damages actions outside of cartel action.

Issues to be discussed include:

Case law review of current developments in this area of law

Practical guidance on cartel enforcement trends

Key considerations as to bringing future claims, including extraterritoriality, jurisdiction, and law

Join speakers and delegates from today’s event for a closing networking reception.

Who & Why

This year’s conference takes place against the imminent reality of Brexit, and the implications for future claims that this holds for both the United Kingdom (UK) and the European Union (EU). It encompasses views from both jurisdictions, as well as those from remaining EU member states, and provides an ideal setting to discuss some of the most pressing issues in the field of competition and antitrust litigation with like-minded colleagues.

As always, this conference has been developed ‘by lawyers, for lawyers’ which creates a great atmosphere, great networking opportunities, and includes the chance to add your views to our coverage of the event, allowing your firm to be represented as a leader in its field in this important practice area. Our panel discussions allow you to put your questions directly to our experts.